Subject: Pedophile Case
In the second hour of your September 18 radio show, you made a
attempt to blame the President of the United States for the outcome of an
appeal in a case involving a pedophile, under the "trickle down" theory.
(The "trickle down" theory was disproved during the administrations of its
chief proponent, Ronald Reagan.) I realize that the only understanding you
have about our criminal justice system is gleaned from old episodes of "Law
and Order," but you are insufficiently informed about this case, which is
why you were unable to offer intelligent commentary about it.
In the case you discussed, the U.S. Court of Appeals for the Eighth
affirmed the order of the district court in granting the state defendants'
motion to dismiss for failure to state a claim; the defendants' actions did
not increase the risk of significant harm to the plaintiff [the little girl]
because they merely placed her back into the situation from which they had
originally retrieved her [the custody of her father]; even assuming that the
state had acted affirmatively to place her in danger, the state's actions
did not rise to the level of egregiousness required to support a claim for a
substantive due process violation. The appeals court cited a Supreme Court
decision as determining whether the facts in this case would give rise to
liability for a constitutional tort: DeShaney v. Winnebago County
Department of Social Services, 489 U.S. 189 (1989).
In DeShaney, Chief Justice Rehnquist (universally recognized as
conservative) delivered the opinion of the Court, in which Justices White,
Stevens, O'Connor, Scalia (universally recognized as conservative), and
Kennedy joined. Justice Brennan (universally recognized as liberal) filed a
dissenting opinion, in which Justices Marshall (universally recognized as
liberal) and Blackmun (universally recognized as liberal) joined. This was
the holding: The respondents' [Winnebago County Department of Social
Services] failure to provide the petitioner [a child who was subjected to a
series of beatings by his father] with adequate protection against his
father's violence did not violate his rights under the substantive component
of the due process clause. Please note that in this case, the "liberal
mentality" was dedicated to the rescue of a child. No known homosexuals --
with or without agendas -- were involved.
I realize that the above must be all gibberish to you, so I'll
it was thanks to the "conservative mentality" that the little girl could be
served up to her father's pedophile "friend." By the way, there's no
indication in the case of any evidence that the pedophile was the father's
homosexual lover, as you implied. So in trying to ascribe blame to
homosexuals and to President Clinton in this matter, you're simply
exploiting this little girl, just like her father. With you, it's all about
"the children," always and everywhere, isn't it?